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JEAN-BAPTISTE v. GUTIERREZ

No. 10-11129 Non-Argument Calendar.

627 F.3d 816 (2010)

Erlis JEAN-BAPTISTE, Plaintiff-Appellee, v. Jose GUTIERREZ, Police Officer, Miami-Dade Police Department, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 6, 2010.

Attorney(s) appearing for the Case

Paul A. Avron , Berger Singerman, P.A., Miami, FL, for Plaintiff-Appellee.

Michael Brian Nadler , Wilfredo A. Ferrer , U.S. Atty., Rachel Marie Wilhelm , Miami, FL, for Defendant-Appellant.

Before TJOFLAT, PRYOR and ANDERSON, Circuit Judges.

PRYOR, Circuit Judge:

This appeal presents the issue whether a police officer is entitled to qualified immunity for using deadly force against an armed suspect who was lying in wait after having fled from the vicinity of an armed burglary and robbery. Jose Gutierrez, an officer of the Miami-Dade Police Department, shot Erlis Jean-Baptiste repeatedly after Officer Gutierrez encountered Jean-Baptiste following a high-speed car chase and a later chase by foot. Jean-Baptiste...

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